Scaperotta v. Kauai Community Correctional Facility
| Christopher Jay Scaperotta |
| Kauai Community Correctional Facility |
| Litigation Coordinator, State of Hawaii |
| 1:2022cv00526 |
| December 19, 2022 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 6 Mail Returned as Undeliverable (re ECF Nos. #4 & #5 ). Mail sent to Christopher Jay Scaperotta at Kauai Community Correctional Center returned undelivered / inmate released. (Attachments: #1 ECF No. #4 Minute Order, #2 ECF No. #5 Clerk's Judgment) (eta) |
| Filing 5 CLERK'S JUDGMENT entered on 1/30/2023 pursuant to ECF Nos. #2 , #4 . (eta)COURT'S CERTIFICATE OF SERVICE - Christopher Jay Scaperotta has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 30, 2023. A copy of the Minute Order, ECF No. #4 shall be included in the mailing to Plaintiff. |
| Filing 4 EO: A district court may dismiss sua sponte an action for failure to comply with court rules or orders or to prosecute the action. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 63031 (1962); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). In determining whether dismissal is appropriate, district courts consider the following five factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. Applied Underwriters, Inc. v. Lichtenegger, 913 F.3d 884, 890 (9th Cir. 2019). On December 20, 2022, the Court mailed to Plaintiff a Deficiency Order [ECF No. #2 ]. The Court instructed Plaintiff to pay the filing fee or to submit a complete Application to Proceed In Forma Pauperis by a Prisoner on or before January 16, 2023. The Court also warned Plaintiff that failing to follow this instruction would result in automatic dismissal of this action without prejudice. Plaintiff failed to pay the filing fee or submit a complete in forma pauperis application by the January 16 deadline. The Court finds that the relevant factors support dismissal of this action. The public's interest in expeditious resolution of this litigation strongly favors dismissal, as does the Court's need to manage its docket. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Moreover, allowing this action to sit idle would prejudice Defendants. See Yourish v. Cal. Amplifier, 191 F.3d 983, 99192 (9th Cir. 1999) ("Plaintiffs' paltry excuse for his default on the judge's order indicates that there was sufficient prejudice to Defendants from the delay that this factor also strongly favors dismissal."). Finally, there are currently no less drastic alternatives available. The Court recognizes that the public policy favoring disposition of cases on their merits weighs against dismissal. Nevertheless, considering the totality of the circumstances and because the other factors favor dismissal, this factor is outweighed.The Clerk is DIRECTED to: (1) ENTER JUDGMENT in favor of the Defendant and against Plaintiff, dismissing this action without prejudice; and (2) CLOSE the case. (JUDGE LESLIE E. KOBAYASHI)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 3 Prisoner Mail Returned as Undeliverable, re ECF #1 Complaint, filed Deficiency Order, and blank form for the Application to Proceed In Forma Pauperis by a Prisoner. Mail Returned by USPS, Attempted Not Known. Stamp from Bureau of Prisons marked "Inmate Released". (jni) |
Filing 2
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/19/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Christopher Jay Scaperotta has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on December 20, 2022. A blank Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the Complaint were included in the mailing to Plaintiff.
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| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT; Jury Trial Demanded against Kauai Community Correctional Facility - filed by Christopher Jay Scaperotta. (Attachments: #1 Mailing Documentation)(eta) |
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